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HomeMy WebLinkAboutItem 03 Approval of FDOT Resolution Relating to the Conveyance of FDOT Pond 2 to the City of Ocoee and Revisions to the 2014 Florida Department of Transportation (FDOT) Memorandum of Understanding ocoee florido AGENDA ITEM COVER SHEET Meeting Date: February 19, 2019 Item # 3 Reviewed By: Ginger Corless Deputy Contact Name: Department Director: Director/CRA Administrator Contact Number: (407) 905-3100 ext.1028 City Manager: -,��/''� Subject: Approval of FDOT Resolution Relating to the Conveyance of FDOT Pond 2 to the City of Ocoee and Revisions to the 2014 Florida Department of Transportation (FDOT) Memorandum of Understanding. Background Summary: On November 13, 2014, the City entered into a Memorandum of Understanding (MOU) regarding State Road 50's Stormwater Pond 2 (FDOT project number 239535-3), which is located south of State Road 50, east of South Bluford Avenue and east of Ocoee Commerce Parkway;. The MOU provides that, upon completion of the construction project, Pond 2 would be conveyed to the City by Quit Claim Deed. The Community Redevelopment Agency (CRA) has prepared conceptual plans to design, develop, and maintain the area defined in the MOU as a public park, currently referred to as Wellness Park. As the State Road 50 construction is now complete, the City requested FDOT convey Pond 2 to the City. Based on this request, FDOT is requiring revision of paragraphs 6 and 7 of the MOU to include the following language: 6. Once the construction of the Joint Water Retention Area (WRA)is complete, the DEPARTMENT agrees to convey FDOT WRA to the City using a standard FDOT Quit Claim Deed. FDOT will reserve onto itself a perpetual drainage easement over, under, on and through the Joint WRA along with the rights to access, enter and maintain the Joint WRA at the expense of the CITY if the CITY fails to perform its obligations of maintenance. 7. Once the Joint WRA is conveyed to the City, the CITY shall construct fencing completely encircling the Joint WRA, which construction shall begin within thirty (30) days following conveyance of the WRA. The City acknowledges that FDOT will not be responsible for the fence for the fence construction around the Joint WRA. In addition, FDOT requested the City approve and execute a resolution pertaining to the Quit Claim Deed of the property to the City; a certified copy of the Resolution and the executed revision of the MOU will be sent to the FDOT. Issue: Should the Honorable Mayor and City Commission approve and authorize the Mayor to sign the revisions to the MOU and the Resolution pertaining to the Quit Claim Deed of the property from FDOT to the City? Recommendations: Staff recommends the Honorable Mayor and City Commission approve and authorize the Mayor to sign the revisions to the MOU and the Resolution pertaining to the Quit Claim Deed, both of which will be transmitted to FDOT. Attachments: FDOT's Revision to Memorandum of Understanding FDOT's Quit Claim Deed Resolution Copy of FDOT Quit Claim Deed Map of Pond 2 Financial Impact: The City will be responsible for constructing a fence encircling the Pond within 30 days of conveyance of the Deed from FDOT to the City. The City will also be responsible for all maintenance and development plans of the area as a City Park. Funding for the fence will come from the CRA's capital budget. Staff is in the process of obtaining quotes for the fence and its installation. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing X Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby Collier N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 REVISION TO MEMORANDUM OF UNDERSTANDING THE STATE OF FLORIDA, FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY-OF OCOEE, A MUNICIPAL CORPORATION•OF THE STATE OF FLORIDA WHEREAS,the Florida Department of Transportation (FDOT) and the City of Ocoee (City)entered into a memorandum of understanding regarding project 239535-3 and more specifically Pond 2 near Ocoee Commerce Parkway and South Bluford Avenue executed on November 13, 2014 and attached here as Exhibit "A" WHERAS, it is the parties' desire to modify the Memorandum of Understanding, more specifically paragraphs 6 and 7. Paragraphs 6 and 7 will be replaced with the following paragraphs: 6. Once construction of the Joint WRA is complete, the DEPARTMENT agrees to convey FDOT WRA to the CITY using a standard FDOT Quit Claim Deed. FDOT will reserve onto itself a perpetual drainage easement over, under, on and through the Joint WRA along with rights to access, enter and maintain the Joint WRA at the expense of the CITY if the CITY fails to perform its obligations of maintenance. 7. Once the Joint WRA is conveyed to the City, the CITY shall construct fencing completely encircling the Joint WRA,which construction shall begin within thirty (30) days following the conveyance of the WRA. The City acknowledges that FDOT will not be responsible for the fence construction around the Joint WRA. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF OCOEE, a Florida municipal corporation STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: RUSTY JOHNSON By Mayor Loreen Bobo, P.E. Attest: Director of Transportation Development Melanie Sibbitt, City Clerk Attest: FOR USE AND RELIANCE ONLY BY THE CITY OF Executive Secretary OCOEE, FLORIDA;APPROVED AS TO FORM AND LEGALITY this_day of , 2019. SHUFFIELD LOWMAN &WILSON, P.A. Legal Review By: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 2019, UNDER AGENDA ITEM NO. 04/18 January 17, 2019 This instrument prepared by Robin D. Derr Under the direction of DANIEL L. MCDERMOTT, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 PARCEL NO. 101-Part SECTION 75050 F.P. NO. 239535 3 STATE ROAD 50 COUNTY ORANGE RESOLUTION ON MOTION of Commissioner , seconded by Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation has constructed or improved State Road No. 50, Section No. 75050, F.P. No. 239535-3 in Orange County, Florida: and WHEREAS, as mutually agreed, the State of Florida Department of Transportation, has made application to the City of Ocoee to execute and deliver to the City of Ocoee, a quitclaim deed, in favor of the City of Ocoee, pursuant to the provisions of Section 337.25, Florida Statutes, conveying all rights, title and interest that said State of Florida, Department of Transportation has in and to said lands, as described in Exhibit A attached hereto, and said request having been duly considered; and WHEREAS, said use is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Ocoee, that Board, that the conveyance of real property by the State of Florida, Department of Transportation, will be used solely for public purposes and that as mutually agreed, the deed, in favor of the City of Ocoee, should be drawn and executed by Michael Shannon, District Five Secretary, on behalf of the State of Florida Department of Transportation. PARCEL NO. 101-Part SECTION 75050 F.P. NO. 239535 3 PAGE 2 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 719 South Woodland Blvd., DeLand, Florida, 32720-6834. CITY OF OCOEE, a Florida municipal corporation By: RUSTY JOHNSON Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2019, UNDER LEGALITY this _ day ofAGENDA ITEM NO. . 2019. SHUFFIELD LOWMAN &WILSON, P.A. By: City Attorney 27-SPD04 07/02 January 3, 2019 This instrument prepared by ROBIN DERR Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 PARCEL NO. 101- PART SECTION 75050 F.P. NO. 239535 3 STATE ROAD 50 COUNTY ORANGE QUITCLAIM DEED THIS INDENTURE, Made this day of , , by and between the STATE OF FLORIDA by and through the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Party of the First Part,whose address is 719 South Woodland Blvd., DeLand, FL 32720, to CITY OF OCOEE, a municipal corporation created by and existing under the laws of the State of Florida, Party of the Second Part, 150 N. Lakeshore Dr., Ocoee, FL 34761-2223. WITNESSETH WHEREAS, said land hereinafter described was heretofore acquired for state highway purposes; and WHEREAS, said land is no longer required for such purposes, and the Party of the First Part, by action of the District Secretary, District Five, Florida Department of Transportation on pursuant to the provisions of Section 337.25 Florida Statutes, has agreed to quitclaim the land hereinafter described to the Party of the Second Part. NOW THEREFORE,THIS INDENTURE WITNESSETH: That the Party of the First Part, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest in all that certain land situate in Orange County, Florida, viz: PARCEL NO. 101- PART SECTION 75050 F.P. NO. 239535 3 PAGE 2 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SUBJECT to all utilities in place and in use and to the maintenance thereof. RESERVING unto the Party of the First Part, the State of Florida, Department of Transportation, a permanent, perpetual drainage easement in, over, under and through the property described in Exhibit"A"for the storm water drainage needs of the State of Florida, Department of Transportation associated with State Road 50, located in Orange County, Florida. Additionally, and not by way of limitation, Grantor reserves storm water drainage capacity in said lands to satisfy all capacity and permit conditions associated with any and all future improvement of State Road 50 that may occur in the future. Grantee, the City of Ocoee, shall be perpetually and solely responsible for the maintenance of the drainage system and property associated therewith. In the event the City of Ocoee fails to repair, maintain, replace or reconstruct said drainage system or any damage arising out of or associated with the use of the drainage system, the State of Florida, Department of Transportation shall be entitled to perform the maintenance, repairs, replacement or reconstruction of the drainage systems and water retention areas at the expense of the City of Ocoee. REVERTER - The property herein described is to be used for a public park by the Party of the Second Part. If the property ceases to be used for the above described purpose all property rights shall revert back to the said Party of the First Part. TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. PARCEL NO. 101- PART SECTION 75050 F.P. NO. 239535 3 PAGE 3 IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed in the name of the State of Florida Department of Transportation by its District Secretary, District Five and its seal to be hereunto affixed, attested by its Executive Secretary, on the date first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: By: (type/print name) Michael Shannon, P.E. Executive Secretary District Five Secretary (Affix Department Seal) Legal Review Office of General Counsel STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , by Michael Shannon, P.E., District Secretary for District Five, who is personally known to me, or who has produced as identification. (type/print name) Notary Public in and for the County and State last aforesaid. (Affix Notary Seal) My Commission Expires: PARCEL NO. 101- PART SECTION 75050 F.P. NO. 239535 3 PAGE 4 EXHIBIT A PARCEL NO. 101-PART SECTION 75050 F.P. NO. 239535 3 Lots 10, 11, 12, 13 and 14, OCOEE COMMERCE CENTER, according to the plat thereof as recorded in Plat Book 30, pages 78 and 79, Public Records of Orange County, Florida. BEING a portion of lands described and recorded in Official Records Book 3405, page 2388, AND Official Records Book 4353, page 780 AND Official Records Book 4402, page 4688, ALL of the Public Records of Orange County, Florida. 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